Nowadays, the predictability and processing of data in databases or other computer controlled systems (thanks to its high and simple availability), constitute one of the central features of the actual and future most common legal cases.
The protection of data regards not only the data protection act, but also many other areas of law such as industrial property rights and copyright (unauthorized down / upload of protected works, database law, etc.).
In addition to the general data protection law, there are many area-specific data protection regulations in other fields of law. They regard the general regulations of the respective “Länder “(States) Data Protection Act (Bundesdatenschutzgesetz – BDSG) (§ 1 para. 3 and 4 BDSG) and the German Data Protection Code (DSGV).
The federal state data protection laws are valid for the processing of personal data of authorities and other public institutions of the State and the municipalities as well as their associations.
The BDSG is only applicable in the public sector (subsidiary), and it is valid only if the protection of data is not regulated by Federal Data Protection Act (in this case, the latter is the only one that count).
The BDSG and many other special regulations are also applicable to companies.
The provisions of the Federal Data Protection Act (BDSG) are applicable to some non-public bodies (with some exceptions specified in the Act): Bodies corporations of public law or self-employed, taking part to competitions, economic enterprises of the municipalities and administrative district, without their own legal personality as well as administrative unions that perceive predominantly economic tasks etc.
Data Protection Laws:
The following legal general conditions are to be considered:
- Federal Data Protection Act;
- EC Directive 2006/24 / EC on Data Retention;
- Federal State data protection laws as well as other special legal regulations.
Data protection legal advice:
- Data protection of organization of business models in companies and administration, taking into account the personal data of customers and employees.
- Information and representation against data protection authorities as well as resolution of data protection violations.
- Development of practical data protection and compliance concepts.
- Provision of external data protection officers